Wednesday, September 01, 2010

U.S. v. Wipf (9th Cir. - Aug. 31, 2010)

Here's one of the many reasons why I'm not a PCP dealer. Because, as the Ninth Circuit holds, a ten-year statutory mandatory minimum sentence is indeed a minimum sentence. A court can't depart downwards. Even if it wants to. And even if the federal sentencing guidelines suggest a sentence substantially lower than ten years.

Ten years is mandatory. It's a minimum. Get it?